FAMILY LAW ISSUES

Frequently Asked Questions

Prenuptial Agreements

Do I need a prenuptial agreement?  A prenuptial agreement takes the guesswork out of what happens to a spouse’s property during the marriage, in the event of a spouse’s death, or in a divorce.  If you and your intended spouse each have substantial assets or if there exists a great disparity in assets between you, it might be a good idea to have a prenuptial agreement to protect your pre-existing assets during the marriage or in the event of a divorce.  Also, if you are entering into a second marriage and you have children from your prior marriage, a prenuptial agreement may be useful to protect assets for your children. 

What terms can be put in a prenuptial agreement?  According to Connecticut law, each spouse may agree upon the rights and obligations in any of the property belonging to either of them, including rights to consume, manage and control such property.  Spouses can agree how property will be divided upon separation, divorce, death, or any other event.  Spouses can also make arrangements concerning alimony obligations, life insurance policy ownership and beneficiary designations, and directions to carry out the provisions of a prenuptial agreement in a spouse’s Last Will and Testament or trust.

What cannot be put in a prenuptial agreement?  Child support, custody and visitation are subject to the court’s review and modification, and therefore, such issues cannot be decided in a prenuptial agreement.  A prenuptial agreement must not have financial provisions that would leave a party in need of public assistance or welfare in order to preserve assets or income for the other party.  Any terms in the prenuptial agreement that are unconscionable at the time of the creation of the prenuptial agreement or when it is enforced will either be ignored or void the prenuptial agreement.

What’s required in order to make a prenuptial agreement?  A prenuptial agreement must be in writing and voluntarily signed by both parties.  Each party must be given a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party.  Each party must also have a reasonable opportunity to consult with his or her own attorney about the terms of the prenuptial agreement before signing it.  The prenuptial agreement takes effect upon the marriage of the parties, unless otherwise provided in the agreement.

Can I make a post-nuptial agreement?  Not in Connecticut.  However, if the terms of the prenuptial agreement permit it, one can modify a prenuptial agreement during the term of the marriage.

Dissolution of Marriage or Civil Union

How long does it take to get a divorce in Connecticut?  One spouse (or civil union partner) must have lived for at least 12 months prior to the issuance of the Complaint or the issuance of the final decree.  If a spouse has met the residency requirement before starting the divorce lawsuit, then 90 days must pass from the filing date before the case can go to final judgment.  However, very few cases go to final judgment within the first 4 to 6 months, especially if there are substantial assets, liabilities and income to be divided, or children’s issues need to be addressed.

What can I expect as a result of a divorce?  No lawyer can guarantee any result for a client because each case is unique.  Orders affecting property division and alimony are based on the following factors:  length of the marriage, causes of the divorce, age, health, station, occupation, amount and sources of income, employability, estate, liabilities and needs of each party, and the opportunity of each party for future acquisition of property and income.  These days most alimony awards are for a term of years, but some lifetime alimony awards are still given.  A prenuptial agreement will be enforced, if one was validly entered into before the marriage and the terms are not unconscionable.

Should I try mediation? Mediation is a great settlement tool, but success depends on whether or not the parties trust each other and how well they know and understand their finances.  It is not recommended where there are inequalities of bargaining power, substantial financial items, and emotional issues.

What about my children?  The law presumes that each parent is an able custodian of minor children, absent proof to the contrary.  Therefore, it is reasonable to expect that one will obtain joint legal custody of minor children, with liberal visitation terms for the parent who does not have physical custody of the minor children.  Child support is regulated through use of the Connecticut Child Support Guidelines, unless the financial situation warrants a deviation from the guidelines.  Each parent will also have to participate in the court mandated Parenting Education Program during the first two months of the case.

Are there any special rules that affect me during the divorce?  Yes, the Automatic Orders apply to a plaintiff (one who starts the lawsuit) when the Complaint is issued, and they apply to the defendant (the one who is sued) when the Complaint is served.  The Automatic Orders are intended to keep the status quo during the divorce.  For example, they provide that neither party shall sell, transfer, conceal or in any way dispose of property without the consent of the other party or the court, except in the usual course of business or for usual household expenses or for attorneys fees.  They also prohibit each party from incurring unreasonable debts, including (but not limited to) charging up credit cards, borrowing against home equity lines of credit, and taking unreasonable cash advances.  Health, life, car and house insurance policies cannot be changed.  If the parties are living together on the date of service of the Complaint, one spouse cannot be denied use of the primary residence without a court order.  One parent cannot remove the children from Connecticut without the other parent’s consent or a court order.  Failure to obey the Automatic Orders can result in contempt of court.  The foregoing are just some of the highlights concerning the Automatic Orders; there are other provisions, and you should be aware of them.

How much will it cost?  That question is impossible to answer—it depends on the issues presented in the matter and how much lawyer time is needed to resolve the case.  Time spent to prepare for and to be in court is extremely expensive.  A “scorched earth” strategy of aggressive litigation will rapidly deplete a family’s resources which otherwise could be used for children’s educations or to help settle into a new life after the divorce.

Post-Judgment Matters

I just lost my job and I cannot pay my alimony and child support—what should I do?  You need to immediately file for a modification of your obligations.  Do not reduce your payments without a court order.  The court does not favor “self-help” and you run the risk that your ex-spouse will return to court and demand full payment of any arrearage in the future. 

I want to move from Connecticut—can I take my minor children with me?  First, review all applicable court orders concerning custody and relocation matters.  Many Separation Agreements and court judgments specifically address relocation, and you may need to modify the existing orders. 

Disclaimer:  Readers are cautioned that the foregoing is general information, and they should consult an attorney for their specific circumstances. Use of this information does not create any attorney-client relationship.